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Patna High Court

Arvind Kumar Gupta alias Arvind Prasad GuptaversusThe Union of India

Decided
Disposal
DISPOSED

Holding

The notice dated 20.01.2026 is quashed as it is defective and not in accordance with law.

Summary

Arvind Kumar Gupta filed a writ petition challenging a notice dated 20.01.2026 issued by the Senior Section Engineer of East Central Railway ordering him to remove his house built on railway land within ten days or face demolition. The petitioner argued that the notice was cryptic and lacked essential particulars, rendering it invalid. The Railway, through its counsel, admitted there was an encroachment but contended that the notice’s content was unclear. The Patna High Court examined the notice and held that it did not comply with the required procedural standards and was therefore defective. Consequently, the court quashed the notice, allowing the railway to issue a fresh notice in accordance with law, and disposed of the writ petition.

Issues considered

  • What is the validity of a notice issued by a railway official ordering removal of an alleged encroachment when the notice lacks essential particulars?
  • Can such a notice be quashed on the ground of procedural defect?
  • Is the petitioner entitled to a writ of mandamus to restrain the railway from executing demolition pending a fresh, lawful notice?

Subjects

  • encroachment
  • railway land
  • notice validity
  • certiorari
  • mandamus
  • procedural defect
  • quashing of notice
  • property rights

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.2299 of 2026
                 ======================================================
                 Arvind Kumar Gupta alias Arvind Prasad Gupta Son of Late Gopal Prasad,
                 Resident of Kumhar Tolia, Pachbati Davakhana near Chiraiyatar Pul,
                 Kankarbagh, Police Station- Kankarbagh, District- Patna.

                                                                  ... ... Petitioner/s
                                             Versus
           1.    The Union of India through General Manager, East Central Railway,
                 Hajipur.
           2.    The Chief Technology Officer, East Central Railway, Hajipur.
           3.    The Senior Section Engineer, East Central Railway, Patna Junction.
           4.    The District Magistrate cum Collector, Patna.
           5.    The Circle Officer, Phulwari Sharif, Patna.
           6.    The Senior Divisional Security Commissioner, Danapur Division, Patna.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :      Mr. Shakti Suman Kumar, Advocate
                 For the Respondent/s   :      Mrs. Archana Meenakshi, GP-6
                 For the UOI            :      Mr. Bindhyachal Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   10-02-2026                 Heard Mr. Rajesh Ranjan, learned counsel for the

                   petitioner, Mrs. Archana Meenakshi and Mr. Bindhyachal Rai

                   for the Union of India.

                               2. The present petition has been preferred for the

                   following relief(s):

                                             “i. For issuance of an appropriate writ

                                  in the nature of certiorari for quashing of the

                                  notice    dated    20.01.2026     (as    contained     in

                                  Annexure- P/3) issued by the respondent no. 3

                                  whereby and where under respondent no. 3
Patna High Court CWJC No.2299 of 2026(2) dt.10-02-2026
                                            2/4




                          directed the petitioners to remove his house

                          constructed over railway land within 10 days,

                          failing which, the railway administration will

                          demolish the house of the petitioner and he will be

                          responsible for any damage to his goods, on the

                          ground that petitioner has constructed his house

                          over the land belonging to the railway.

                                      ii. For issuance of an appropriate writ in

                          the nature of mandamus that during the pendency

                          of the present writ petition operation of the

                          impugned notice dated 20.01.2026 (as contained in

                          Annexure- P/3) may be stayed and the respondents

                          may be restrained from taking any coercive step

                          against the petitioners.

                                      iii. Any other writ/writs, order/orders or

                          direction/directions as the facts and circumstances

                          of the case may require and deemed fit by this

                          Hon'ble Court may also be issued.”

                      3. Learned counsel for the petitioner submits that the

          petitioner is residing under Mauja – Moharrampur, Thana No.

          137, Khata No. 180, Survey Plot No. 21 in the district of Patna

          and has received a notice dated 20.01.2026 (Annexure-P/3)
Patna High Court CWJC No.2299 of 2026(2) dt.10-02-2026
                                            3/4




          issued by the Senior Section Engineer (Works), East Central

          Railway, Patna Junction (respondent no. 3).

                      4. Learned counsel for the petitioner further submits

          that a perusal of the said notice would show that save and except

          the name that has been recorded in the notice dated 20.01.2026,

          no details is/are there. The submission is that it is a cryptic

          notice and fit to be quashed with cost.

                      5. Mr. Bindhyachal Rai representing the Railways

          submits that there has been some encroachment but the content

          is not clear inasmuch as the details are missing.

                      6. This Court has heard the parties and taken note of

          the notice dated 20.01.2026. Either the respondent no. 3, Senior

          Section Engineer (Works), East Central Railway, Patna Junction

          is ignorant of the procedure for the issuance of notice or has

          deliberately done, so that it is quashed in the Court of law. In

          either case, he is accountable to the East Central Railways for

          such action/inaction.

                      7. This Court wanted to impose cost upon the

          concerned creator of the notice but at the insistence of Mr.

          Bindhyachal Rai, it refrains from doing so.

                      8. The notice dated 20.01.2026 issued by Senior

          Section Engineer (Works), East Central Railway, Patna Junction
          Patna High Court CWJC No.2299 of 2026(2) dt.10-02-2026
                                                      4/4




                    stands quashed. The respondents have liberty to issue fresh

                    notice in accordance with law.

                                9. The writ petition stands disposed of with the

                    aforesaid observation.



                                                  (Rajiv Roy, J)
Adnan/-

U


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